NETWORK WORLD NEWSLETTER: GIBBS & BRADNER
08/19/04

Dear [EMAIL PROTECTED],

In this issue:

* Net Insider columnist Scott Bradner discusses the FCC's 
��current stand on Internet wiretapping
* Links related to Gibbs & Bradner
* Featured reader resource
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Today's focus:  FCC chooses middle road on 'Net wiretapping

By Scott Bradner

The FCC seems to have decided to take a path between the open 
road and a guarded tunnel when it comes to the Internet, but the 
jury is still out.

In March I wrote about a "Joint Petition for Expedited 
Rulemaking" ( 
<http://www.nwfusion.com/columnists/2004/0322bradner.html> ) 
that the Department of Justice, Drug Enforcement Administration 
and FBI sent to the FCC. The petition asked the FCC to come up 
with rules to clearly permit wiretapping the Internet and 
Internet-based services (and to have service providers pay for 
the required network upgrades). The FCC has just published a 
"Notice of Proposed Rulemaking" ( 
<http://www.nwfusion.com/edge/news/2004/0804fcctakes.html> ) 
(NPRM) in response to the petition that details its tentative 
decision and includes requests for comments on particular 
issues.

The FCC published the NPRM on its Web site ( 
<http://www.nwfusion.com/nlgibrad518> ) and included statements 
by some of the FCC commissioners. The FCC is about to start on a 
45-day comment period, and things could change in response to 
comments received, but some of the high-level conclusions seem 
clear.

The FCC has "tentatively" decided the Communications Assistance 
for Law Enforcement Act (CALEA) applies to "facilities-based 
providers of any type of broadband Internet service" (wholesale 
and retail). This includes wireline-, cable- modem-, satellite- 
and powerline-based ISPs. The FCC will propose "mechanisms to 
ensure that telecommunications carriers comply with CALEA."

The FCC also has tentatively decided that CALEA also applies to 
"managed" VoIP or instant-messaging services. At the same time, 
the commission tentatively decided that it would not need to 
identify future services and entities that also would be subject 
to CALEA because the final FCC order will make it clear enough.

The FCC does not assume it has all the answers and asks for 
comments on issues such as the state of CALEA-type standards for 
the Internet and the feasibility of carriers relying on third 
parties to manage a carrier's CALEA functions.

The FCC's tentative conclusion is that CALEA does not apply to 
non-moderated (for example, point-to-point) VoIP and IM 
applications or to non-facilities-based ISPs. The FCC could 
change its mind after receiving comments or Congress could 
change the rules, but, at first pass and without much detail, 
the decisions seem as balanced as one might hope for. They avoid 
the innovation-killing application pre-screening process and an 
impossible-to-enforce CALEA extension to Internet applications 
other than VoIP and IM.

Some of the commissioners are worried the FCC might be going 
beyond the current law or that the conclusions are on "very 
shaky ground." But, as one of the commissioners pointed out, in 
the end it will be the courts (and Congress, then the courts) 
that make the final decision.

We are at an important stage in the evolution of the Internet. 
The 'Net cannot be considered just a toy, even if some telco 
folk still think it is one, when law enforcement starts to see 
it as yet another observation tool. (But that is kind of a sad 
milestone.)

Disclaimer: At its age, Harvard has had lots of milestones, sad 
and happy, but it's not "yet another law-enforcement tool" and 
the above opinion is mine.
_______________________________________________________________
To contact: Scott Bradner

Bradner is a consultant with Harvard University's University 
Information Systems. He can be reached at <mailto:[EMAIL PROTECTED]> 

_______________________________________________________________
This newsletter is sponsored by McAfee 

Visit the Enterprise Security Center, sponsored by McAfee(r), 
for an exclusive collection of news, whitepapers, information, 
analysis and strategy for securing your networks and systems. 
Learn new strategies for securing your servers and protecting 
your desktops from viruses. Get the latest information on how to 
stay on top of the latest threats to your network and bolster 
your skills in synergizing your IT staff as a critical business 
asset. 
http://www.fattail.com/redir/redirect.asp?CID=72596
_______________________________________________________________
ARCHIVE LINKS

Gibbs archive:
http://www.nwfusion.com/columnists/gibbs.html

Bradner archive:
http://www.nwfusion.com/columnists/bradner.html
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